Exclusion of Press and Public
To consider passing the following resolution:
To agree that in accordance with Section 100A(4) of the Local Government Act 1972 to exclude the public from the meeting for the business specified in Item Number 15 because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraphs 2 and 5 of Part I of Schedule 12A to the Act and the public interest in withholding the information outweighs the public interest in disclosing the information to the public.
Paragraph 2: information which is likely to reveal the identity of an individual
Paragraph 5: information in respect of which a claim to legal professional privilege could be maintained in legal proceedings
Minutes:
The Monitoring Officer advised the Committee on the legal grounds for excluding the public from the meeting for the consideration of item 16 of the agenda with reference to the following statutory provisions:
Paragraph 2 of Part 1 of Schedule 12A to the Local Government Act – Information which is likely to reveal the identity of an individual.
Paragraph 5 – information in respect of which a claim to legal professional privileged could be maintained in legal proceedings.
The Committee was required to balance the public interest in withholding the information on these grounds against the public interest in disclosure to the public. As the report included legal advice received from counsel in contemplation of proceedings and also bearing in mind the Council’s obligations under data protection legislation the Monitoring Officer’s advice was that it was appropriate to exclude the public at this stage.
Following discussion on this issue in the light of the Monitoring Officer’s advice to the Committee
Resolved:
In accordance with Section 100(A)(4) of the Local Government Act 1972, to exclude the public from the meeting for the business specified in item 16 of the agenda because it is likely that if members of the public were present there would be disclosure to them of exempt information as defined in paragraphs 2 and 5 of Part 1 of Schedule 12A to the Act and the public interest in disclosing the information to the public..
Councillors Chris Caswill, Peter Colmer and David Jenkins asked for their vote to be recorded against the decision.